New South Wales Consolidated Acts

NOXIOUS WEEDS ACT 1993 - SECT 17A

17A Obligations to control aquatic weeds

(1) If the land of an occupier is situated on opposite sides of a watercourse, river or inland water (tidal or non-tidal), an obligation under this Act for the occupier to control noxious weeds on that land also extends to noxious weeds located on the land between those sides.

(2) If a watercourse, river or inland water (tidal or non-tidal) is situated between land occupied by different occupiers, an obligation under this Act for each occupier to control noxious weeds extends to weeds located on the land between the boundary of the land and any “give and take” fence erected to define the boundary of the land or, if there is no such fence, to the middle line of the watercourse, river or inland water.

(3) An occupier may enter a watercourse, river or inland water for the purpose of complying with this section.

(4) A local control authority may exempt the whole or part of a watercourse, river or inland water in its local area from the operation of subsection (1) or (2), or both, if, in its opinion, the depth or width of the watercourse, river or inland water is such that, in the circumstances, it would be unreasonable to apply the provisions concerned.

(5) The Director-General may, by order published in the Gazette, exempt an occupier, a noxious weed or the whole or part of a watercourse, river or inland water, from the operation of subsection (1) or (2), or both.

(6) The Minister may, in a weed control order, exempt an occupier, a noxious weed or the whole or part of a watercourse, river or inland water, from the operation of subsection (1) or (2), or both.

(7) A local control authority is to be responsible for the control of noxious weeds located on a watercourse, river or inland water in its local area if, because of an exemption under this section, subsection (1) or (2), or both, do not apply to the control of those weeds.

Note: Under section 69, a local control authority may enter into agreements with another person or body to exercise functions of the authority under this Act.

(8) This section does not apply to land referred to in section 17B.